This book contains contributions on aspects of the operation of agency law in commercial contexts by many of the world’s leading experts on the law of agency. It is the product of a conference of the ...
More

This book contains contributions on aspects of the operation of agency law in commercial contexts by many of the world’s leading experts on the law of agency. It is the product of a conference of the authors held at the University of Nijmegen in November 2014. Contributing authors come from Australia, Canada, the Netherlands, New Zealand, Singapore, the United Kingdom, and the United States. It comprises 12 chapters in five parts, preceded by a synthesising introduction. The first substantive section is devoted to aspects of general principle, including apparent authority, ratification, undisclosed principals, indirect representation, and unidentified principals. The second section, on Agency in Company Law, is concerned with the status as agents of company directors, liquidators, and receivers. The third section addresses the role of agency law in markets in financial transactions and services, including the relationship between insurers, agents and their customers. There is treatment of the common law, but also of aspects of statutory regimes including the Financial Services and Markets Act 2000 (UK), Markets in Financial Instruments Directive (MiFID), and the Insurance Act 2015 (UK). The fourth section is concerned with powers of attorney. The fifth and last section is concerned with private international law, and in particular issues of conflict of laws arising out of the EC Commercial Agents Directive.Less

Agency Law in Commercial Practice

Published in print: 2016-01-28

This book contains contributions on aspects of the operation of agency law in commercial contexts by many of the world’s leading experts on the law of agency. It is the product of a conference of the authors held at the University of Nijmegen in November 2014. Contributing authors come from Australia, Canada, the Netherlands, New Zealand, Singapore, the United Kingdom, and the United States. It comprises 12 chapters in five parts, preceded by a synthesising introduction. The first substantive section is devoted to aspects of general principle, including apparent authority, ratification, undisclosed principals, indirect representation, and unidentified principals. The second section, on Agency in Company Law, is concerned with the status as agents of company directors, liquidators, and receivers. The third section addresses the role of agency law in markets in financial transactions and services, including the relationship between insurers, agents and their customers. There is treatment of the common law, but also of aspects of statutory regimes including the Financial Services and Markets Act 2000 (UK), Markets in Financial Instruments Directive (MiFID), and the Insurance Act 2015 (UK). The fourth section is concerned with powers of attorney. The fifth and last section is concerned with private international law, and in particular issues of conflict of laws arising out of the EC Commercial Agents Directive.

This book provides a theoretical framework for the understanding of corporate (or company) law from both a functional and a comparative perspective and illustrates how corporate laws in core ...
More

This book provides a theoretical framework for the understanding of corporate (or company) law from both a functional and a comparative perspective and illustrates how corporate laws in core jurisdictions (namely, Brazil, the U.S., the UK, France, Germany, Italy, and Japan) conform to that framework. Corporations in all jurisdictions share the same key legal attributes: namely, legal personality, limited liability, delegated management, transferable shares, and investor ownership. Businesses using the corporate form give rise to three basic types of agency problems, namely those between: (1) managers and shareholders as a class; (2) controlling shareholders and minority shareholders; and (3) shareholders as a class and other corporate constituencies, such as corporate creditors and employees. After identifying the common set of legal strategies used to address these agency problems and discussing their interaction with enforcement institutions, the book illustrates how a number of core jurisdictions around the world deploy such strategies. In so doing, it highlights the many commonalities across jurisdictions and reflects on the reasons why they differ on specific issues. The analysis covers the basic governance structure of the corporation, including the powers of the board of directors and the shareholder meeting, both when management and when a dominant shareholder is in control. It then analyses the role of corporate law in shaping labor relationships, the protection of external stakeholders, the relationships with creditors, related-party transactions, fundamental corporate actions such as mergers and charter amendments, takeovers, and the regulation of capital markets.Less

The Anatomy of Corporate Law : A Comparative and Functional Approach

Published in print: 2017-01-26

This book provides a theoretical framework for the understanding of corporate (or company) law from both a functional and a comparative perspective and illustrates how corporate laws in core jurisdictions (namely, Brazil, the U.S., the UK, France, Germany, Italy, and Japan) conform to that framework. Corporations in all jurisdictions share the same key legal attributes: namely, legal personality, limited liability, delegated management, transferable shares, and investor ownership. Businesses using the corporate form give rise to three basic types of agency problems, namely those between: (1) managers and shareholders as a class; (2) controlling shareholders and minority shareholders; and (3) shareholders as a class and other corporate constituencies, such as corporate creditors and employees. After identifying the common set of legal strategies used to address these agency problems and discussing their interaction with enforcement institutions, the book illustrates how a number of core jurisdictions around the world deploy such strategies. In so doing, it highlights the many commonalities across jurisdictions and reflects on the reasons why they differ on specific issues. The analysis covers the basic governance structure of the corporation, including the powers of the board of directors and the shareholder meeting, both when management and when a dominant shareholder is in control. It then analyses the role of corporate law in shaping labor relationships, the protection of external stakeholders, the relationships with creditors, related-party transactions, fundamental corporate actions such as mergers and charter amendments, takeovers, and the regulation of capital markets.

This is a study of the law governing the bank–customer relationship pertaining to the disposition of funds by cheques and credit transfers, covering both paper-based and electronic payments. This ...
More

This is a study of the law governing the bank–customer relationship pertaining to the disposition of funds by cheques and credit transfers, covering both paper-based and electronic payments. This book addresses, with various degrees of detail, common law, civilian, and ‘mixed’ jurisdictions, particularly in Australia, Canada, England, France, Germany, Israel, Italy, Japan, South Africa, Switzerland, and the United States. In addition to the description of the law in these jurisdictions, the book contains an in-depth analysis of the common issues and the responses to them, in light of desired policies. Accordingly, an evaluation of the various rules and proposals for reform are integral parts of the study. The book is divided into four chapters. Chapter 1 is an overview of the various legal systems and fundamentals in banking and payment law, in an overall historical context. Chapter 2 deals with the banking relationship, within which collections and payments occur. It highlights the customer contract, the deposit transaction, the mandate authorizing bank collections and payments, and the debt resulting from entries to the current account. Chapter 3 covers the performance of the mandate. It discusses extensively laws governing the payment and collection of cheques and credit transfers, in the context of actual clearing and settlement mechanisms, particularly large-value transfer systems in developed countries. Chapter 4 is on payment systems misuse through fraud, either in the initiation payments or in misdirecting them. It discusses cheque forgery, unauthorized electronic funds transfers, forged cheques endorsements, and misdirected funds transfers.Less

Benjamin Geva

Published in print: 2001-06-28

This is a study of the law governing the bank–customer relationship pertaining to the disposition of funds by cheques and credit transfers, covering both paper-based and electronic payments. This book addresses, with various degrees of detail, common law, civilian, and ‘mixed’ jurisdictions, particularly in Australia, Canada, England, France, Germany, Israel, Italy, Japan, South Africa, Switzerland, and the United States. In addition to the description of the law in these jurisdictions, the book contains an in-depth analysis of the common issues and the responses to them, in light of desired policies. Accordingly, an evaluation of the various rules and proposals for reform are integral parts of the study. The book is divided into four chapters. Chapter 1 is an overview of the various legal systems and fundamentals in banking and payment law, in an overall historical context. Chapter 2 deals with the banking relationship, within which collections and payments occur. It highlights the customer contract, the deposit transaction, the mandate authorizing bank collections and payments, and the debt resulting from entries to the current account. Chapter 3 covers the performance of the mandate. It discusses extensively laws governing the payment and collection of cheques and credit transfers, in the context of actual clearing and settlement mechanisms, particularly large-value transfer systems in developed countries. Chapter 4 is on payment systems misuse through fraud, either in the initiation payments or in misdirecting them. It discusses cheque forgery, unauthorized electronic funds transfers, forged cheques endorsements, and misdirected funds transfers.

Where the fate of a company is on the line in a negotiation, legal and business teams must work seamlessly to reach a successful conclusion. Unfortunately, there's often a gap between lawyers, who ...
More

Where the fate of a company is on the line in a negotiation, legal and business teams must work seamlessly to reach a successful conclusion. Unfortunately, there's often a gap between lawyers, who are typically untrained in business strategy, and business executives, who lack basic knowledge of contract law and regulations. This book offers a thorough introduction to enable lawyers and businesspeople to understand the theoretical concepts and to apply practical tools to conduct a successful, multi-faceted negotiation. It explains the different strategic considerations that negotiators face, from the pressures on individuals representing a larger group to the difficulties that arise from clashes of corporate culture. It also discusses the specific challenges raised by negotiations that involve multiple parties and multiple issues and take place over longer periods of time. Throughout the book provides concrete, practical advice on how best to guide companies through the most difficult negotiations.Less

Betting the Company : Complex Negotiation Strategies for Law and Business

Andrew TraskAndrew DeGuire

Published in print: 2013-06-06

Where the fate of a company is on the line in a negotiation, legal and business teams must work seamlessly to reach a successful conclusion. Unfortunately, there's often a gap between lawyers, who are typically untrained in business strategy, and business executives, who lack basic knowledge of contract law and regulations. This book offers a thorough introduction to enable lawyers and businesspeople to understand the theoretical concepts and to apply practical tools to conduct a successful, multi-faceted negotiation. It explains the different strategic considerations that negotiators face, from the pressures on individuals representing a larger group to the difficulties that arise from clashes of corporate culture. It also discusses the specific challenges raised by negotiations that involve multiple parties and multiple issues and take place over longer periods of time. Throughout the book provides concrete, practical advice on how best to guide companies through the most difficult negotiations.

Fred H. Cate and James X. Dempsey (eds)

Law, Company and Commercial Law, Constitutional and Administrative Law

In June 2013, Edward Snowden revealed a secret US government program that collected records on every phone call made in the country. Further disclosures followed, detailing mass surveillance by the ...
More

In June 2013, Edward Snowden revealed a secret US government program that collected records on every phone call made in the country. Further disclosures followed, detailing mass surveillance by the UK as well. Journalists and policymakers soon began discussing large-scale programs in other countries. Over two years before the Snowden leaks began, Cate and Dempsey had started researching systematic collection. Leading an initiative sponsored by The Privacy Projects, they commissioned a series of country reports, asking national experts to uncover what they could about government demands that telecommunications providers and other private-sector companies disclose information about their customers in bulk. Their initial research found disturbing indications of systematic access in countries around the world. These programs, often undertaken in the name of national security, were cloaked in secrecy and largely immune from oversight, posing serious threats to personal privacy. After the Snowden leaks, the project morphed into something more ambitious: an effort to explore what should be the rules for government access to data and how companies should respond to those demands within the framework of corporate responsibility. This volume concludes the nearly six-year project. It assembles 12 country reports, updated to reflect recent developments. One chapter presents both descriptive and normative frameworks for analyzing national surveillance laws. Others examine international law, human rights law, and oversight mechanisms. Still others explore the concept of accountability and the role of encryption in shaping the surveillance debate. In their conclusion, Cate and Dempsey offer recommendations for both government and industry.Less

Bulk Collection : Systematic Government Access to Private-Sector Data

Published in print: 2017-10-20

In June 2013, Edward Snowden revealed a secret US government program that collected records on every phone call made in the country. Further disclosures followed, detailing mass surveillance by the UK as well. Journalists and policymakers soon began discussing large-scale programs in other countries. Over two years before the Snowden leaks began, Cate and Dempsey had started researching systematic collection. Leading an initiative sponsored by The Privacy Projects, they commissioned a series of country reports, asking national experts to uncover what they could about government demands that telecommunications providers and other private-sector companies disclose information about their customers in bulk. Their initial research found disturbing indications of systematic access in countries around the world. These programs, often undertaken in the name of national security, were cloaked in secrecy and largely immune from oversight, posing serious threats to personal privacy. After the Snowden leaks, the project morphed into something more ambitious: an effort to explore what should be the rules for government access to data and how companies should respond to those demands within the framework of corporate responsibility. This volume concludes the nearly six-year project. It assembles 12 country reports, updated to reflect recent developments. One chapter presents both descriptive and normative frameworks for analyzing national surveillance laws. Others examine international law, human rights law, and oversight mechanisms. Still others explore the concept of accountability and the role of encryption in shaping the surveillance debate. In their conclusion, Cate and Dempsey offer recommendations for both government and industry.

This book analyses the legal and economic implications of the European Commission's plans to form a Capital Markets Union (CMU) in Europe, which will have a major impact on financial markets and ...
More

This book analyses the legal and economic implications of the European Commission's plans to form a Capital Markets Union (CMU) in Europe, which will have a major impact on financial markets and institutions both in the region and beyond. A detailed introductory chapter provides a broad overview of the various aspects and challenges of the CMU proposals, whilst thematically grouped chapters cover the following areas: (i) general aspects, (ii) Brexit, (iii) financing innovation, (iv) raising capital on the capital markets, (v) fostering retail and institutional investment, (vi) leveraging banking capacity to support the wider economy, (vii) facilitating cross-border investing, and (viii) comparative aspects of capital market integration. The book provides high-quality analysis of the legal and economic issues in a practical context.Less

Capital Markets Union in Europe

Published in print: 2018-03-01

This book analyses the legal and economic implications of the European Commission's plans to form a Capital Markets Union (CMU) in Europe, which will have a major impact on financial markets and institutions both in the region and beyond. A detailed introductory chapter provides a broad overview of the various aspects and challenges of the CMU proposals, whilst thematically grouped chapters cover the following areas: (i) general aspects, (ii) Brexit, (iii) financing innovation, (iv) raising capital on the capital markets, (v) fostering retail and institutional investment, (vi) leveraging banking capacity to support the wider economy, (vii) facilitating cross-border investing, and (viii) comparative aspects of capital market integration. The book provides high-quality analysis of the legal and economic issues in a practical context.

During the financial crisis, dramatic events undermined the global economy. Failures in individual markets and institutions sparked a financial crisis that resulted in political, social, and economic ...
More

During the financial crisis, dramatic events undermined the global economy. Failures in individual markets and institutions sparked a financial crisis that resulted in political, social, and economic unrest in countries such as the United States, where a host of legislative acts have completely reshaped the regulatory landscape. This book investigates the impact of the financial crisis on the capital markets and regulation, with an emphasis on the structure of financial instruments and derivatives. It examines the crisis and how it altered financial markets and financial instruments. In the United States, the U.S. Federal Reserve policy under Chairman Bernanke, and the passage of various laws including the Dodd-Frank Act reshaped how markets function. The book also discusses the efforts to deal with public debt in the United States; the use of financial instruments as a means of accessing capital, managing risk and making money; regulation of securities and interest rates; the use of interest rates in asset valuation; derivatives, options, and swaps; the history and powers of the Commodity Futures Trading Commission (CFTC); and litigation theories.Less

Capital Markets, Derivatives and the Law : Evolution After Crisis

Alan N. Rechtschaffen

Published in print: 2014-06-06

During the financial crisis, dramatic events undermined the global economy. Failures in individual markets and institutions sparked a financial crisis that resulted in political, social, and economic unrest in countries such as the United States, where a host of legislative acts have completely reshaped the regulatory landscape. This book investigates the impact of the financial crisis on the capital markets and regulation, with an emphasis on the structure of financial instruments and derivatives. It examines the crisis and how it altered financial markets and financial instruments. In the United States, the U.S. Federal Reserve policy under Chairman Bernanke, and the passage of various laws including the Dodd-Frank Act reshaped how markets function. The book also discusses the efforts to deal with public debt in the United States; the use of financial instruments as a means of accessing capital, managing risk and making money; regulation of securities and interest rates; the use of interest rates in asset valuation; derivatives, options, and swaps; the history and powers of the Commodity Futures Trading Commission (CFTC); and litigation theories.

The American economy looks good. This is in the wake of a decade where dramatic failures in individual markets and institutions sparked a global financial crisis resulting in political, social, and ...
More

The American economy looks good. This is in the wake of a decade where dramatic failures in individual markets and institutions sparked a global financial crisis resulting in political, social, and economic unrest. In the United States, a host of legislative acts completely reshaped the regulatory landscape. This book investigates the structure and the workings of financial instruments and the capital markets; it considers market evolution after the crisis and the impact of Central Bank policy. In doing so, it provides the tools to recognize vulnerabilities in capital market trading activities. This edition serves to explain the legal and business considerations of capital market participation.Less

Capital Markets, Derivatives, and the Law : Positivity and Preparation

Alan N. Rechtschaffen

Published in print: 2019-05-21

The American economy looks good. This is in the wake of a decade where dramatic failures in individual markets and institutions sparked a global financial crisis resulting in political, social, and economic unrest. In the United States, a host of legislative acts completely reshaped the regulatory landscape. This book investigates the structure and the workings of financial instruments and the capital markets; it considers market evolution after the crisis and the impact of Central Bank policy. In doing so, it provides the tools to recognize vulnerabilities in capital market trading activities. This edition serves to explain the legal and business considerations of capital market participation.

The phenomenal story of China’s ‘unprecedented disposition to engage the international legal order’ has been primarily told and examined by political scientists and economists. Since China adopted ...
More

The phenomenal story of China’s ‘unprecedented disposition to engage the international legal order’ has been primarily told and examined by political scientists and economists. Since China adopted its ‘open door’ policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market and aimed at attracting foreign investment to fuel its economic development, the underlying policy for mobilizing inward foreign direct investment (IFDI) remains unchanged to date. With the 1997 launch of the ‘Going Global’ policy, an outward focus regarding foreign investment has been added, to circumvent trade barriers and improve the competitiveness of Chinese firms, typically its state-owned enterprises (SOEs). In order to accommodate inward and outward FDI, China’s participation in the international investment regime has underpinned its efforts to join multi-lateral investment-related legal instruments and conclude international investment agreements (IIAs). China began by selectively concluding bilateral investment treaties (BITs) with developed countries (major capital exporting states to China at that time), signing its first BIT with Sweden in 1982. Despite being a latecomer, over time China’s experience and practice with the international investment regime have allowed it to evolve towards liberalizing its IIAs regime and balancing the duties and benefits associated with IIAs. The book spans a broad spectrum of China’s contemporary international investment law and policy: domestic foreign investment law and reforms, tax policy, bilateral investment treaties, free trade agreements, G20 initiatives, the ‘One Belt One Road’ initiative, international dispute resolution, and inter-regime coordination.Less

China's International Investment Strategy : Bilateral, Regional, and Global Law and Policy

Published in print: 2019-02-14

The phenomenal story of China’s ‘unprecedented disposition to engage the international legal order’ has been primarily told and examined by political scientists and economists. Since China adopted its ‘open door’ policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market and aimed at attracting foreign investment to fuel its economic development, the underlying policy for mobilizing inward foreign direct investment (IFDI) remains unchanged to date. With the 1997 launch of the ‘Going Global’ policy, an outward focus regarding foreign investment has been added, to circumvent trade barriers and improve the competitiveness of Chinese firms, typically its state-owned enterprises (SOEs). In order to accommodate inward and outward FDI, China’s participation in the international investment regime has underpinned its efforts to join multi-lateral investment-related legal instruments and conclude international investment agreements (IIAs). China began by selectively concluding bilateral investment treaties (BITs) with developed countries (major capital exporting states to China at that time), signing its first BIT with Sweden in 1982. Despite being a latecomer, over time China’s experience and practice with the international investment regime have allowed it to evolve towards liberalizing its IIAs regime and balancing the duties and benefits associated with IIAs. The book spans a broad spectrum of China’s contemporary international investment law and policy: domestic foreign investment law and reforms, tax policy, bilateral investment treaties, free trade agreements, G20 initiatives, the ‘One Belt One Road’ initiative, international dispute resolution, and inter-regime coordination.

The financial crisis has brought about a revival of state protectionism across the globe. Most Western leaders have made a virtue of big government and state intervention; bail-outs and Sovereign ...
More

The financial crisis has brought about a revival of state protectionism across the globe. Most Western leaders have made a virtue of big government and state intervention; bail-outs and Sovereign Wealth Funds have been among the first responses to the economic contraction. Company law rules are one of the instruments frequently used to restrict or to discourage integration or to deter foreign investment. Examples of the new protectionism can be seen in a wide range of legislative and regulatory measures, for instance state measures preventing foreign takeovers, ‘golden shares’ or laws on foreign direct investment targeting Sovereign Wealth Funds, mainly from Asia. This book presents research by a number of company law and EU law experts. The chapters cover a broad range of topics, spanning from takeovers/mergers over the one share-one vote debate through to the foreclosure of markets against Sovereign Wealth Funds.Less

Company Law and Economic Protectionism : New Challenges to European Integration

Published in print: 2010-12-23

The financial crisis has brought about a revival of state protectionism across the globe. Most Western leaders have made a virtue of big government and state intervention; bail-outs and Sovereign Wealth Funds have been among the first responses to the economic contraction. Company law rules are one of the instruments frequently used to restrict or to discourage integration or to deter foreign investment. Examples of the new protectionism can be seen in a wide range of legislative and regulatory measures, for instance state measures preventing foreign takeovers, ‘golden shares’ or laws on foreign direct investment targeting Sovereign Wealth Funds, mainly from Asia. This book presents research by a number of company law and EU law experts. The chapters cover a broad range of topics, spanning from takeovers/mergers over the one share-one vote debate through to the foreclosure of markets against Sovereign Wealth Funds.

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 25 May 2019